Angoco v. Bitanga

In Angoco v. Bitanga, 2001 Guam 17, the defendant had been charged with felony aggravated murder, premeditated aggravated murder, first degree robbery, burglary, theft, special allegations of use of a deadly weapon, and hindering apprehension or prosecution of murder. Id. 2. At trial, the jury was not instructed on the lesser included offense of negligent homicide within the felony aggravated murder charge. Id. The jury found Angoco guilty of felony aggravated murder and of hindering apprehension. Id. On appeal to the District Court of Guam Appellate Division, Angoco's counsel failed to argue that the trial court committed reversible error by not instructing the jury sua sponte on lesser included offenses to the felony aggravated murder charge. Id. 3. Affirming the trial court's grant of habeas relief on the basis of ineffective assistance of appellate counsel, the Court determined that the failure of Angoco's counsel to raise the omitted instruction argument in his appeal to the Guam Appellate Division was prejudicial error. Id. 22. The Court held that this statute affords no discretion to the trial judge and, therefore, when there is a rational basis for a lesser-included offense instruction as shown by substantial evidence, the court must issue such an instruction sua sponte, "without regard to whether such instructions were requested or objected to by the parties." In order to determine whether a trial court's failure to instruct on a given charge amounts to error under Angoco, we must perform a two-step analysis. "Angoco first requires a determination of whether the 'lesser offense is within the offense charged,' and if so, whether 'based on the evidence presented at trial, a rational jury could find the defendant guilty of the lesser offense but not the greater.'" People v. Demapan, 2004 Guam 24 7 (quoting Angoco, 2001 Guam 17 12) The Court held that negligent homicide was a lesser included offense of a felony murder charge which was based on criminal negligence. Id. at P13. The court stated: "the elements of felony aggravated murder are: (1) causing the death of another; (2) either intentionally and with premeditation, intentionally, knowingly, recklessly, or by criminal negligence; and (3) during the commission or attempt to commit a felony. Further, the elements of negligent homicide are: (1) causing the death of another; and (2) by criminal negligence. But for the underlying felony, negligent homicide shares the same elements with felony aggravated murder. If the second element of felony aggravated murder is based on criminal negligence, then negligent homicide would be a lesser-included offense." Id.